Item O3
* TIME CERTAIN 3:00 P.M. *
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 15. 2009 - KW
Bulk Item: Yes No ~
Division County Attorney
Staff Contact Person: Suzanne Hutton
AGENDA ITEM WORDING:
A Public Hearing to consider approval of an ordinance amending Section 2-179( c), Monroe County
Code allowing an exception to the prohibition against staff attorneys performing outside legal services in
very limited circumstances - for family members when there is no conflict with job duties, on a case-by-
case basis upon specific approval by BOCC.
ITEM BACKGROUND:
The County Code currently prohibits any outside legal work by in-house attQrneys. On rare occasion,
attorneys are asked to prepare contractual or probate documents, or to provide minimal representation
or minor pleadings in cases not involving the County or any of its contractors or agencies. The
provision of legal services in such instances would not unduly impinge upon the attorney's time (since
they may use personal leave or after-hours), would not pose a conflict of interest to the County, and
would save the family member2-s substantial legal fees at a time when employees are being laid off of
jobs, & raises are not forthcoming if jobs are retained. Section 1.04 of the Personnel Policies &
Procedures, still applies to the attorneys who might perform such outside services with consent by
BOCC:
"Equipment, facilities, vehicles, property, or any resource or procedure of the County shall not be
used by any employee ... for any reason or purpose . .. for anything other than County
business." ,
PREVIOUS RELEVANT BOCC ACTION:
Approval of a resolution prohibiting outside work in the 1990's. Approval of Ordinance 39-2004,
codifying the prohibition.
3/18/09 BOCC approved Public Hearing for 4/15/09 @ 3:00 p.m. in Key West (P-2)
CONTRACT/AGREEMENT CHANGES: N/ A
STAFF RECOMMENDATIONS: Approval.
TOTAL COST:
N/A
INDIRECT COST: N/A BUDGETED: YesN/A No
COST TO COUNTY: N/ A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No xx AMOUNTPERMONTH_ Year
APPROVED BY: County Arty -L OMB/Purchasing _ Risk Management _
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
ORDINANCE NO.
- 2009
AN ORDINANCE AMENDING MONROE COUNTY CODE SECTION 2-
179(c); PROVIDING AN EXCEPTION FOR COUNTY ATTORNEYS
HANDLING LEGAL MATTERS FOR FAMILY MEMBERS WHERE NO
CONFLICT OF INTEREST; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE
COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Monroe County Code currently prohibits the county attorney and
assistant county attorneys from performing any legal work for private clients, regardless of
whether payment is rendered for those services or whether there may be a conflict of interest;
and
WHEREAS, the purpose for such prohibition is to insure against conflicts of interest and
competing uses for the time of the attorneys; and
WHEREAS, from time to time, an attorneys' family members may seek legal advice or
require other legal services on relatively simple matters which would not consume a substantial
amount of the attorney's time nor pose a conflict with the attorney's job duties; and
WHEREAS, the provision of legal services in such instances would not unduly impinge
upon the attorney's time, would not pose a conflict of interest to the County, and would save the
family member.:.s substantial legal fees at a time when employees are being laid off of jobs, raises
are not forthcoming if jobs are retained, and other negative economic cir~umstances abound; and
WHEREAS, the County Commission deems it in the best interest of employee retention
and morale to not unduly burden the attorneys by prohibiting them from assisting family
members if the assistance can be provided without detriment to the County;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1. EXCEPTION FOR OUTSIDE WORK. Section 2-179(c), Monroe County
Code, shall be amended to read:
c) The County Attorney and Assistant County Attorneys may not undertake the legal
representation of private clients or provide legal advice to private clients, without
regard to whether such representation or advice is provided in exchange for a fee or is
provided on a pro bono basis. unless the Board of County Commissioners grants an
exception specific to the attorney on a case-by-case basis for the purpose of allowing
the attorney to handle legal matters for family members. and only if the matter would
not create a conflict of interest. If a particular matter requires attention prior to the
next County Commission meeting. the attorney may provide legal services to a family
Co.Atty. Ord Amend.
1
member only on matters that the County Attorney deems not to be a conflict of
interest with the legal interests of the County after receiving temporary approval of
the request from the County Mayor. The County Attorney's office shall place an item
on the agenda for the next Commission meeting. regardless of whether the agenda
deadline has passed, for consideration of the request by the Board.
SECTION 2. SEVERABILITY. Should any provision of this Ordinance be declared by a
court of competent jurisdiction to be invalid, the same shall not affect the validity of this
Ordinance as whole, or any part thereof, other than the part declared to be invalid. If this
ordinance or any provision thereof shall be held to be inapplicable to any person, property or
circumstances, such holding shall not affect its applicability to any other person, property or
circumstances.
SECTION 3. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict.
SECTION 4. INCLUSION IN THE CODE OF ORDINANCES. The provisions of this
Ordinance shall be included and incorporated in the Code of Ordinances of the County of
Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to
conform to the uniform numbering system of the code.
SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on
provided that this Ordinance shall be filed with the Department of State as provided in section
125.66(2), Florida Statutes. '
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the _th day of ,2009.
Mayor George Neugent
Mayor Pro Tern Sylvia Murphy
Commissioner Heather Carruthers
Commissioner Mario DiGennaro
Commissioner Kim Wigington
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
Co.Atty. Ord Amend.
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